4-3.4 Administrative Appeals Relating to Notification and Access Requests Under the Privacy Act

4-3.4.1 Responsibility for Deciding Appeal

The Postal Service General Counsel (or designee) is responsible for deciding an administrative appeal by a requester of an adverse determination or failure to act by a Postal Service or Postal Inspection Service records custodian regarding a notification or access request (see 4-3.2). The General Counsel of the Office of Inspector General (OIG) decides administrative appeals by requesters of adverse determinations or failures to act by OIG records custodians regarding notification or access requests.

4-3.4.2 Form and Content of Appeal

1. Form. The appeal must be in writing and sent by mail to the following:

GENERAL COUNSEL
U.S. POSTAL SERVICE
475 L’ENFANT PLAZA SW
WASHINGTON, DC 20260-1101

2. Content. The letter of appeal must include the following information, as applicable:
1. A copy of the original written request, or a reasonable description of the records or system of records to which the requester sought notification or access, if the request was not in writing.
2. A copy of the adverse determination letter.
3. Copies of any other correspondence relating to the request.
4. A statement of the Postal Service’s action or failure to act that the requester is appealing.
5. A statement of the reasons why the requester believes the Postal Service’s action or failure to act was erroneous.
6. A statement of the relief the requester seeks.

4-3.4.3 Time Period for Filing Appeal

An appeal is timely filed if it is postmarked in the following timeframe, as applicable:

1. No later than 90 calendar days after the date of the adverse determination letter.
2. No later than 90 calendar days after the date of the request, if the appeal is from a failure of the Postal Service to act on the request.

The General Counsel (or designee) may, within his or her discretion, consider a late appeal.

4-3.4.4 Form and Content of Appeal Decision

The decision of the General Counsel (or designee) must be in writing and contain the following information if the decision upholds the records custodian’s adverse determination in whole or part:

1. A statement of the reasons for the affirmance.
2. The requester’s statutory right to file a lawsuit.

4-3.4.5 No Adjudication if Privacy Act Suit Filed

An appeal ordinarily will not be adjudicated by the General Counsel (or designee) if the notification or access request becomes the subject of Privacy Act litigation.

4-3.4.6 Final Decision on Issues Appealed

The decision of the General Counsel (or designee) constitutes the Postal Service’s final decision on the issues appealed.